debitas

[sonic007]

please can anybody HELP what letter to send to DEBITAS concerning my CAP 1 ACCOUNT BEING IN DISPUTE?

[catherious]

Hey,

 

Found this letter template in a thread entitled DCA correspondence on page 2 of this section, hope it's what you're looking for. Check the post for full details. I'm pretty new to this myself Sonya.

 

I strongly advise looking through all the posts in this DCA section, they are really useful. Here's the letter template I copied.

 

 

 

Hello everyone, Just briefly I've slightly modified (hope thats ok!) the letter to read as follows,

 

Official Notification

 

Your Ref: XXXXXXXX

 

 

(Debt Collection Services) ,

To Whom it may concern,

 

It has come to my attention that the debt alleged by (Bank/Creditor) may contain a high proportion of unlawful charges.

 

I have issued my concerns with (Bank/Creditor) regarding this account and now am in the process of taking the matter to court. Now as they are aware that this account is in dispute they should not have passed this account to yourselves for this act alone is in breach of the Office of Fair Trading guidelines concerning legitimately disputed debts; if you act on their instruction you may be party to this also.

 

Therefore please accept this letter as written confirmation that the account is “in dispute” until this matter is resolved.

 

Yours Sincerely,

 

 

 

I hope this is what you need sonya. All the best.

 

Keep fighting the good fight!!

[blackrain]

Hi, don't be surprised if they ignore it though! Debitas sent me a couple of letters and I never heard from them after pointing out a few of their indiscretions but they did pass it on to CapQuest. Who are just as useless.

[sonic007]

thanks catherious and blackrain for your advise will do letter to-day as they are phoning me and getting a bit bothered now!

[blackrain]

You could quote the Wireless Telegraphy Act as well when asking them to stop phoning and put everything in writing. You could also say that the next phone call you recieve you will report to the police for harassment. When they ring get their full name and department. Log the time of the call and say Im reporting you for harassment and put the phone down.

 

Or change your phone number. I don't give anyone my number anymore

[sonic007]

yes they are very persistant arnt they and can be very rude. also have you any idea how to change my name on this site? think l should have got my full name on the thread and need to change it if anybody from the banks are on here!

[Seminole]

Please pm me with what you would like it changed to.

[blackrain]

Bye Sonya, Hello new name!

[Seminole]

Thanks for the pm. I've passed it on to be actioned.

[sonic007]

have sent a letter to DEBITAS concerning my dispute with capital one, to-day l had a phone call refused to answer sucurity question and then a very RUDE operater said for me to phone them urgently, which l have not done any body any suggestions ?

[catherious]

As blackrain advises, tell them you only wish to be contacted in future by letter. If you request this, they have to adhere to your request.

 

Put this in writing to them, and/or call them, quoting the Wirless Telegraphy Act if you wish. They are NOT entitled to call you once you have clearly stated that all future contact should be by letter only. IF they persist, take action.

 

Keep fighting the good fight!! - you will win!

[sonic007]

letter came today from DEBITAS said if i didnt call them to make payments they are taking me to COURT! They have allready DEFAULTED my account after sending letter for account being in dispute they are still phoning me think i,m in a worse mess now than before just dont know what to do now.

[Seminole]

For a start, don't panic.

 

Am I right in thinking that the debt is in dispute because of charges added to the account. Have you got account statements from which you can add up the charges? Have you sent the prelim letter to recover the charges?

 

If they are bothering you by phone send the harassment letter in the library and then make a complaint if they continue to pester you.

 

The key thing to remember is that it's these peoples' job to bother you and harass you to make you pay quickly. In your case it sounds as if a lot if not all of the debt is in dispute. It may not seem like it at the moment but you are in the driving seat here and we can help you take control of the situation.

[texel]

I find a number of credit card companies and banks phone with no return number. BT have a service that barrs any calls from people who do not have a return number listed. I find it saves a lot of annoying calls. I tell every call from c/cs and banks etc that I will only deal by mail!!!

[sonic007]

For a start, don't panic.

 

Am I right in thinking that the debt is in dispute because of charges added to the account. Have you got account statements from which you can add up the charges? Have you sent the prelim letter to recover the charges?

 

If they are bothering you by phone send the harassment letter in the library and then make a complaint if they continue to pester you.

 

The key thing to remember is that it's these peoples' job to bother you and harass you to make you pay quickly. In your case it sounds as if a lot if not all of the debt is in dispute. It may not seem like it at the moment but you are in the driving seat here and we can help you take control of the situation.

 

yes have sent all up to L.B.A. and have rejection of settlement and sent DEBITAS letter saying acct in dispute. What annoyes me more is that they have a default on my acct now if they was to pay the charges i would only owe them 200.00 so do l write or phone them and make a offer to pay so much per month?

[Seminole]

Is that £200 after you have added interest to the charges claim. If so did you use the statutory rate or the contractual rate?

[sonic007]

yes have sent all up to L.B.A. and have rejection of settlement and sent DEBITAS letter saying acct in dispute. What annoyes me more is that they have a default on my acct now if they was to pay the charges i would only owe them 200.00 so do l write or phone them and make a offer to pay so much per month?

 

£378.00 total of fees

£22.38 INT 8%

TOTAL OF FEES WITH 8% INT= £400.38

THEIR OUTSTANDING BAL = £654.24

 

OUTSTANDING TOTAL £253.86

THEN HAVE TO WORK OUT THE DAILY RATE

[blackrain]

Hang on, do Debitas own the debt? If not they can't take you to court....only Cap1 can initiate proceedings.

[sonic007]

Hang on, do Debitas own the debt? If not they can't take you to court....only Cap1 can initiate proceedings.

 

how do l find out if DEBITAS own the debt? have to get reply out today before they start court proceedings?

[mnrbig]

I think Debitas are the inhouse collection agency for Cap1 so in theory you are still dealing with Cap1

[sonic007]

I think Debitas are the inhouse collection agency for Cap1 so in theory you are still dealing with Cap1

 

hi there mnbig

so do l send another letter to Debitas reguarding my dispute and offer a payment?

[blackrain]

Does the letter state they WILL start court proceedings or that they MAY start?

 

Has any of your correspondence had something like Client: Capital 1 on? If there is any reference as to collecting for them. Something along the lines of 'it has been passed to us for collection'? It isn't conclusive but if it's worded like that then they probably don't own the debt.

 

My understanding is that Debitas don't buy debts but don't take that as gospel.

 

If you have the money then start the claim online against Cap1 then you're account will well and truly be in default and obviously with it being in default there is no way you will be paying Debitas anything.

[blackrain]

Took too long posting that! Yes, I understand they are owned by Cap1.

 

If you're offer of payment was going to be £30 though I would just start the court claim. You will have your balance reduced in a couple of weeks or so and then you can deal with the remaining balance.

 

Cap1 don't believe accounts are in dispute UNTIL you have started court proceedings.

[sonic007]

Debitas say as l have failed to take any action to deal with claim or make contact(which l have by letter only) to consider pursuing court action . they have sent payment slips which have CAPITAL ONE on them? I am doing court claim to-day so do i send letter to DEBITAS to acknoledge this?

[blackrain]

'consider' court action.... that's because they can't say they WILL do something they don't intend to do. They aren't taking you to court.

 

This is just personal opinion and someone here may have a more definitive procedure for you but I would start my claim. Then send a schedule of charges to Cap1 that you are claiming so you are following the correct procedure and also insert a letter to Cap1 pointing out you have started the claim and the account is in dispute so call off Debitas. Remind them they are responsible for Debitas' actions and mention that you have received phone calls that could constitute harassment and you will be reporting both Cap1 and Debitas if you receive anymore.

 

Make sure you fill your claim out following the examples on the site here and you will have the charges wiped before you know it. GL.